Category Archives: Economy

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment

The Court of Appeal on Substantive and Procedural Fairness

Pathan & Islam v Secretary of State for the Home Department [2018] EWCA Civ 2103 (02 October 2018) Fairness in official decision-making is an important virtue in public law. Dismissing the judicial review claim involving Tier 2 (General) of the … Continue reading

Posted in Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Post Study Work, Students, Tier 2, Tier 4 | Tagged , , , , , , , | Leave a comment

Emerging Trends in Investor Visas

Despite Donald J Trump’s best efforts to appease the Kremlin, relations could not be any worse between Russia and the West. The full reach of Moscow’s meddling is obvious from the fact that Arron Banks, Brexit’s bankroller, has rather nefarious … Continue reading

Posted in Appendix V, Brexit, Business, Economy, Entry Clearance, European Union, Immigration Rules, Investors, Israel, Palestine, PBS, Politics, Settlement, Tier 1 | Tagged , , , , | 1 Comment

Brexit: The Miller Judgment

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2017] UKSC 5 Miller is considered to be the most important constitutional case for a generation. The lead claimant Gina Miller means different things to different people. … Continue reading

Posted in Brexit, Cases, CJEU, Constitution, Economy, European Union, Free Movement, International Law, Judicial Review, Miller, Politics, Rule of law, UKSC, Women | Tagged , , , , | 1 Comment

Current Accounts in a ‘Hostile Environment’: Bad Banks to Police Immigration Law from Next Year

Should the weeding out of thousands of overstayers, foreign national offenders facing deportation and failed asylum-seekers be delegated to bad banks so that 70m bank accounts can be screened in order to ascertain the account holders’ immigration status? No definitely … Continue reading

Posted in Bank Accounts, Banks, Conduct Costs, Corporate Governance, David Bolt, Economy, Immigration Act 2014, Immigration Act 2016, SFO, Syria | Tagged , , , , , , , , , , | Leave a comment

Brexit and the Rule of Law

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016) Gina Miller says she brought these proceedings to preserve the rule of law. The businesswoman explains that when she … Continue reading

Posted in Brexit, Business, Citizens Directive, CJEU, Economy, European Union, Hale JSC, High Court, Homophobia, Judges, Miller, Neuberger PSC, Pakistan, UKSC | Tagged , , , , , , | 3 Comments

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 Comment

MAC Skewers Tier 1 Entrepreneur Visas

The home secretary’s advisers – the Migration Advisory Committee (MAC) – have found that the Tier 1 (Entrepreneur) visa route under the Points-Based System (PBS) is being used by “low quality businesses”. MAC, which consists of a publicly appointed chairman … Continue reading

Posted in Appendix FM, Economy, Employment, Entrepreneurs, Immigration Rules, PBS, Tier 1 | Tagged , , , , , | 1 Comment

New Punishments: Immigration Bill 2015

The onslaught continues. The Immigration Act 2014 promised to root out the ills of the system but now fresh legislation has been proposed to cure things even further and the home office recently announced a welter of new (improved) anti-immigrant … Continue reading

Posted in Access to Justice, Appeals, Article 8, Bank Accounts, ECHR, Economy, Employment, Enforcement, European Union, Human Rights Act, Immigration Act 2014, Immigration Bill 2015, Judicial Review, Politics, Tribunals | Tagged , , , , , , | 1 Comment

Immigration Act 2014: Bank Accounts

Although the Immigration Bill 2015-16 has arrived, the details of the Immigration Act 2014 are still being digested. Apart from rogue employers and landlords, provisions enacted under the 2014 Act also created a system that deals with immigration offenders in … Continue reading

Posted in Bank Accounts, Court of Appeal, Economy, Enforcement, FSMA, Immigration Act 2014, Immigration Bill 2015, Immigration Rules, Judges, Lady Hale | Tagged , , , , , , | 2 Comments

War On Students: It’s Not Cricket

Call him what you will (some people call him plain crazy), but on student immigration London’s cricket bat wielding/football kicking mayor Boris Johnson has got things dead right: “Against illegals, yes. Against talent, no. In football as in the economy … Continue reading

Posted in Economy, Immigration Rules, India, PBS, Students | Tagged , | 1 Comment

Statistiken, Gastarbeiter und Wirtschaft

A week ago the Office for National Statistics published its Migration Statistics Quarterly Report February 2012. The summary included the following points: Estimated total long-term immigration to the UK in the year to June 2011 was 593,000. This compares to 582,000 in … Continue reading

Posted in Business, Economy, Immigration Rules, PBS, Settlement | Tagged , , | Leave a comment

New UKBA fees

From  Monday 22 November the UKBA will introduce new application fees for applications for entry clearance (0verseas) and further leave to remain (in country)  for work, study or other purposes. The Agency is charging fees by setting them above the cost of … Continue reading

Posted in Biometric Cards, Business, Dependants, Economy, Employment, Fees, Immigration Cap, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , | Leave a comment

Immigration cap faces judicial review challenge

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment

Tier 1 (General) November limit reached

In July 2010 we witnessed the coalition government’s introduction of a limit on the number of initial applications that the UKBA could issue under Tier 1 (General) of the Points Based System (PBS). The limit will persist until 31 March … Continue reading

Posted in Article 8, Business, Dependants, Downsizing, ECHR, Economy, Employment, Entrepreneurs, Immigration Cap, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

Law Society’s views on the immigration cap

One would have to be quite stubborn and ill advised not to take gravely seriously the opinion of the Law Society of England and Wales (the society) in a legal matter. Yet the government seems determined to do just that. … Continue reading

Posted in Article 8, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Law Society, Overseas Clients, Overseas Workers, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Uncategorized, Working | Tagged , , , , , , , , , , | Leave a comment

Home Affairs Committee’s report on immigration cap

The chair of the Home Affairs Committee (HAC) the Rt Hon Keith Vaz MP has raised a multitude of concerns in his report about the Coalition government’s immigration cap. The terms of reference of the HAC were “to examine the expenditure, administration, … Continue reading

Posted in Article 8, Asylum, Business, Citizenship and Nationality, Dependants, Economy, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Post Study Work, Settlement, Spouses, Tier 1, Tier 2, Uncategorized, Working | Tagged , , , , , , , , , | Leave a comment

Home secretary signals end of settlement for skilled workers and students

Speaking on future action in relation to immigration policies while addressing the Conservative party conference the home secretary, Theresa May, intimated the government’s intentions to stop the right to permanent settlement for more than 100,000 skilled workers and 320,000 overseas students … Continue reading

Posted in AP (Russia), Article 14, Article 8, Asylum, Citizenship and Nationality, Constitution, Court of Appeal, Dependants, Economy, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , , | Leave a comment

French and British joint declaration on immigration

The global economic recession’s bite into British and French defence budgets has opened a “new chapter” in bilateral defence cooperation between these historically rival nations. Emphasising that the sovereignty of neither nation would be compromised as a result of the … Continue reading

Posted in Asylum, Business, Cases, ECHR, Economy, Employment, France, Immigration Law, Immigration Rules, Overseas Workers, Persecution | Tagged , , , , , , | Leave a comment

Refined criteria and Tier 2 (General) certificate of sponsorship allocations

The stated objective of the Points Based System (PBS) was to simplify the immigration rules by recategorising eighty different immigration routes which were previously open to migrants to enter the UK. However, contrary to the expectation of simplicity, the PBS … Continue reading

Posted in Article 8, Biometric Cards, Business, ECHR, Economy, Employment, Fees, Immigration Law, Immigration Rules, Overseas Workers, PBS, Post Study Work, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , | Leave a comment